Yahoo Autos Abortion is still legal in Kansas. Here are the current restrictions after Roe v. Wade
Abortion is still legal in Kansas, even after Roe v. Wade was overturned Friday morning.
The Kansas Supreme Court ruled in 2019 that the state’s constitution implies a right to abortion that can’t be overruled by state lawmakers. But, this right to abortion could be removed by Kansas voters through a state constitutional amendment that’s on the ballot Aug. 2.
Here’s what to know about the current regulations on abortion in Kansas.
What happens in Kansas now that Roe v. Wade has been overturned?
Kansas’ abortion laws do not immediately change because Roe got struck down. However, the decision reversing Roe may increase the strain on Kansas’ abortion providers, who already have some patients coming from Oklahoma and other states where abortions are harder to obtain.
Many surrounding states, including Missouri, have “trigger ban” laws in place that nearly or fully outlaw abortion as soon as it is no longer protected at the federal level.
Does Kansas still regulate abortions if the state constitution protects them?
Yes. Many regulations apply to abortion in the state of Kansas. The 2019 state Supreme Court decision that protects the right to abortion in Kansas prevents lawmakers cannot ban them outright.
Among the current regulations in place are:
Abortion is strictly limited after 22 weeks of pregnancy: While anti-abortion advocates have falsely claimed that Kansas is a “destination” for “late-term” abortions, the procedure only happens in Kansas later than 22 weeks of pregnancy in extremely rare circumstances when the pregnant person’s life or a “major bodily function” is in jeopardy. Most pregnant people cannot make an appointment for an abortion past 22 weeks of pregnancy.
Patients must receive mandatory state-written materials: These so-called “right to know” packets contain all of these materials, including information about abortion risks and other pregnancy options. After receiving them, patients must face a 24-hour waiting period before obtaining an abortion. Since these materials can be delivered virtually, the 24-hour period does not require a second appointment.
An ultrasound is required: Patients must undergo an ultrasound and be given the option to view the image on a monitor before an abortion can be performed.
Telemedicine abortions are banned: Administering abortion via telemedicine, which involves a video consultation with a doctor followed by sending abortion pills to the patient, is prohibited in Kansas.
Taxpayer money does not fund abortion: Publicly funded health insurance plans will only cover the procedure if it is necessary to save the life or a “major bodily function” of the patient.
Parental consent is required for minors: Patients under the age of 18 must get permission to have an abortion. If they can’t get permission from a parent or guardian, they must petition a judge for a judicial bypass. This involves counseling with an abortion provider, bringing an adult over 21 who can assist the petition process and may involve getting a lawyer.
Do Kansas abortion clinics have to follow health and safety standards?
Yes. Abortion clinics in Kansas face regulation from the Kansas Department of Health and Environment and the Kansas State Board of Healing Arts. Practicing clinicians must abide by license requirements and investigations by the Board of Healing Arts, just like all other medical professionals in the state.
Under Kansas statute, clinicians regulated by the board must meet safety, sanitation and cleanliness guidelines and adhere to strict guidelines regarding the handling and disposal of medical and hazardous materials. Furthermore, the Board of Healing Arts, requires clinicians to adhere to best practices in surgery and recovery.
Negative outcomes, including hospitalization as a result of the surgery, must be reported to the board of healing arts.
KDHE licenses, regulates, and inspects hospitals and ambulatory surgical centers. The Planned Parenthood clinic in Overland Park and Trust Women in Wichita are both ambulatory surgical centers and therefore regulated by the agency. Furthermore, the clinics must abide by federal OSHA and Clinical Laboratory Safety guidelines for medical facilities.
Anti-abortion activists have warned that any existing regulations could be challenged and struck down under the 2019 ruling. Licensing and sanitation rules specific to abortion clinics and a ban on dilation and evacuation abortions were rejected by the court under the ruling last year.
How would these regulations change if the constitutional amendment is passed?
If the amendment passes on Aug, 2, the right to abortion would no longer be protected by the state’s constitution. That means lawmakers would have an opportunity to restrict it more severely or ban it moving forward.
Abortion would not be automatically banned by this amendment, but its passage would give state and local officials the power to do so in the future. Learn more about the amendment here.
How common is abortion in Kansas?
According to the Kansas Department of Health and Environment, 7,849 abortions were performed in the state in 2021. This official total counts all surgical and medical abortions performed by doctors.
Only four clinics in the state perform abortions: two in Overland Park and two in Wichita. They are:
The Star’s Katie Bernard contributed reporting.
Do you have more questions about accessing abortion care in Kansas or Missouri? Ask the Service Journalism team at kcq@kcstar.com.
